Swanson v. Perez-Swanson

Citations

• 206 Conn. App. 266

Syllabus

The defendant, whose marriage to the plaintiff previously had been dis- solved, appealed to this court from the judgment of the trial court granting the plaintiff's motion to dismiss the defendant's postjudgment motion for modification of the custody of the parties' children. Pursuant to the separation agreement, which was incorporated into the judgment of dissolution, the parties shared joint legal custody of the children and the plaintiff had primary physical custody. The parties entered into a postjudgment agreement that permitted the plaintiff to relocate to North Carolina with the children, provided that, inter alia, the defendant retained rights to visitation and the plaintiff was required to pay to the defendant a monthly travel allowance for visitation related expenses. After the plaintiff and the children relocated, the parties entered into another postjudgment agreement, which, inter alia, stipulated that the courts in either Connecticut or North Carolina would have jurisdiction to decide any issues relating to custody and/or visitation. The plaintiff filed a petition for registration of a foreign child custody order in a court in North Carolina, which that court confirmed. The defendant then filed a motion for modification in Connecticut, claiming that the plaintiff had failed to pay alimony and the travel allowance in accordance with their agreement, which impacted her ability to visit the children. The plaintiff filed a motion to dismiss the defendant's motion for modifi- cation, asserting that North Carolina was the children's home state and, as such, the Connecticut court should decline to exercise jurisdiction. Following a hearing on the motions, the trial court determined that it no longer had jurisdiction to enter orders relating to the custody and visitation of the children pursuant to the applicable statute (§ 46b-115l (a) (2)), and, accordingly, it granted the plaintiff's motion to dismiss. Held that the trial court erred in granting the plainti